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Home My WebLink About20012687.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, September 4, 2001 A regular meeting of the Weld County Planning Commission was held Tuesday September 4, 2001, in the Weld County Public Health/Planning Building, (Room 210), 1555 N. 17th Avenue, Greeley, Colorado. The meeting was called to order by Chair, Michael Miller, at 1:35 p.m. ROLL CALLfil Michael Miller Bryant Gimlin Gristle Nicklas Absent Fred Walker Absent John Folsom Stephan Mokray i Cathy Clamp Luis Llerena Also Present:Don Carroll,Robert Anderson,Pam Smith,Char Davis,Diane Houghtaling,Chris Gatham,Sheri Lockman, Julie Chester, Lauren Light. The summary of the last regular meeting of the Weld County Planning Commission held on August 21,2001, was approved as read. CASE NUMBER: USR-1332 APPLICANT: Phillip and Bonnie Johnston PLANNER: Robert Anderson REQUEST: Site Specific Development Plan and Special Review Permit fora business permitted as a Use by Right in the Industrial Zone District (Parking of vehicles and equipment) in the Agricultural Zone District. LEGAL DESCRIPTION: Lot B of RE-1949, being part of the SE4 of Section 2,T1 N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to WCR 12;west of and adjacent to WCR 35. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Therefor Case USR- 1332 will be forwarded to the Board of County Commissioners with a recommendation of approval. CASE NUMBER: USR-1338 APPLICANT: Molly A. Elliott PLANNER: Robert Anderson REQUEST: A Site Specific Development Plan and a Special Review Permit for a Agricultural Service Establishment (Farm equipment sales, repair, and installation facility,Grain and feed sales)in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part of the SE4 SW4 Section 31,T2N, R68W of the 6th P.M.,Weld County, Colorado. LOCATION: North of and adjacent to State Highway 52 and'A Mile East of Weld County Road. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Therefor Case USR- 1338 will be forwarded to the Board of County Commissioners with a recommendation of approval. CASE NUMBER: USR-1340 APPLICANT: Raymond, Debra, and Lupe Carpio/Horizon-Vue Dairy, c/o AgPro Services. PLANNER: Lauren Light REQUEST: Site Specific Development Plan and Use by Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, /iW_ t 2001-2687 Ixl-�y-�Cbl animal husbandry, or horticultural services on a fee or contract basis, including Livestock Confinement Operations (the expansion of an existing dairy and animal confinement operation for a 2,000 head dairy) in the Agricultural Zone District. LEGAL DESCRIPTION:E2SE4 of Section 22, T6N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to WCR 57; north of and adjacent to WCR 66. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Therefor Case USR- 1340 will be forwarded to the Board of County Commissioners with a recommendation of approval. CASE NUMBER: 2n°AMUSR-488 APPLICANT: Mobile Premix Concrete, Inc. PLANNER: Sheri Lockman REQUEST: A Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility(Open Pit Mining and Materials Processing) in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part S2 Section 16 and the N2 Section 21, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: West of WCR 7 and south of and adjacent to WCR 20 '/. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Therefor Case 2n° AMUSR-488 will be forwarded to the Board of County Commissioners with a recommendation of approval. CASE NUMBER: USR-1343 APPLICANT: Owens Brothers Concrete Company PLANNER: Chris Gathman REQUEST: Special use Permit for Sand and Gravel Mining/Aggregate Processing /Concrete Batch Plant. LEGAL DESCRIPTION: S2SW4,W2SE4,and NE4 of Section 28,T3N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: North of and adjacent to WCR 28, approximately 1/4 mile west of WCR 19. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Therefor Case USR- 1343 will be forwarded to the Board of County Commissioners with a recommendation of approval. CASE NUMBER: Z-543 APPLICANT: Daryl and Carol Propp (Long's Peak Estates) PLANNER: Julie Chester REQUEST: Planned Unit Development Change of Zone for Seven (7) Residential Lots and 3.3 acres of Common Open Space. LEGAL DESCRIPTION: Part of the NW4 and part of the NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 12, between WCR's 5 and 7. Julie Chester, Department of Planning Services presented Case Z-543, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Cathy Clamp asked about the new engineering reports and whether they were based on the information provided or with the new seven lot request. Ms. Chester stated that the case information was based on the seven lot information. Ms. Chester then gave a brief on the history of the project. John Folsom asked about the letter from Celia Greenman with regards to the lot 5 and the prospect of building on it. Ms.Chester stated that she has spoken with building inspections and they are requiring an engineered foundation. They will also have to apply for a Geological Hazard Permit through the Planning Services before a building permit will be issued. Mr. Folsom also had concerns about the possibility of the second purchaser not getting the adequate Geological Information. Michael Miller asked about the Geological Hazard Reports and if Weld County was comfortable with building on this site. Ms. Chester stated that Planning was concerned but there are several lots that have been built on geological hazardous lots. The Department of Planning Service's feels that there was sufficient mitigation for building on the individual lots. Michael Miller asked Pam Smith if there was anything that the Health Department came up with that was cause for concern. Ms. Smith responded that they have adjusted the envelopes in order to make the perk rates adequate in order to obtain septic tanks. Mr. Miller stated his major concern was more for the sinkhole possibilities. Luis Llerena stated that the Department of Planning Services was relying more on the Colorado Geological Surveys recommendation. Mr.Llerena suggests that a note be located on the plot and the public have access to that information. Michael Miller has concerns with the second and third buyers of the property not being provided the accurate information for the property. Mr.Morrison responded that the title company tends to disclaim rather than deal with regulations. Cathy Clamp added that the title company will disclose easement and other comments found on the plat. Michael Miller asked if there was a way in which the Planning Commission could add a Condition of Approval or Development Standard that would address the issues of future buyers being made aware of the additional information with regards to the development. Mr. Morrison stated that the best way would be to submit language for the covenants or for a notice to indicate to the future buyers that there are geological issues which would be recorded with the plat. Cathy Clamp asked Pam Smith Department of Health about the envelopes with regards to septic size and how big the houses can be. Ms. Smith stated that there could be some limiting of the number of bedrooms. The movement of the boring site in order to find suitable areas was done, then the envelopes were done around that area. John Rinko, gave a brief on the project and the fact that they are trying to provide an adequate, aesthetically pleasing project. Mr. Rinko stated that the concerns from the public at the neighborhood meetings were addressed. There were three major issues in which the public voiced concerns: density, traffic loads and roads and usage of the property to incorporate into the existing urban standards. John Folsom asked about the possibility of erosion on the pillars within the mines and the danger of that occurring. Mr. Rinko stated that 13 borings were done on the site and there were few sites that had water in them. Mr. Rinko stated that the boring sites were done at different depths and locations. Cathy Clamp asked about Farmers Ditch and the protection of it beside the roadway. Mr. Rinko stated that there is a 100 foot easement and the trail system is integrated within it for the protection of the ditch. Ms. Clamp asked about the reason why it is not possible to farm it. Mr. Rinko stated that there was not enough farming history attached to the land. Ms. Clamp asked about the foundation length in accordance with the studies that were provided. Mr. Rinko stated that the 42 feet foundation length is in accordance with the surface strains. These requirements would be referenced with the map of surface strains. Greg Sherman, Geotechnical Engineer,gave a brief overview of the project and some of the alternatives for building. He stated three alternatives. One alternative is to build the house in accordance with the 42 feet foundation length; the second would be to build a larger homes and it fit within the building envelopes established by Dr.Able and the final alternative would be an individual investigation. The 13 borings done on this site showed that there was no void in the sites. Michael Miller asked about the possible subsidence of the pillars within the site. Mr. Sherman stated that there is no active subsidence. Stephan Mokray asked about the building safety and clarification of how the 42 feet foundation was determined. Mr.Sherman stated that the information was placed into a mine subsidence computer program. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Daryll Propp, property owner, stated that property tax issues were the reason for doing this development. Pam Barthal, accepted the proposal as it stood and was thankful for the decrease in density. Jerry Belga, had a few concerns with the subsidence issue. Mr. Belga leased to property for a number of years and filled sinkholes in places where there were no mines. Mr. Miller asked if the sinkholes needed repeated fillings. Mr. Belga stated he had done it a couple of times several years ago. Julie Chester suggested that they put the additional language that deals with future buyers and the hazards possible be located on the plat(item#4 T)stating"for more information regarding the geological Hazards on this property owners or other interested parties should refer to Case Z-543 located at the Clerk to the Board office." Additional language will be placed at item #5C that states that language will be placed in the covenants indicating the Case number and location of the original case file. Bryant Gimlin motioned for the deletion of Condition of Approval 3A 5-7. Stephan Mokray seconded the motion. The motion carried unanimously. Stephan Mokray moved that Case Z-543, be forwarded to the Board of County Commissioners after September 19, 2001 along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Cathy Clamp seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes. Motion carried unanimously. CASE NUMBER: AmUSR-921 APPLICANT: Asphalt Paving Company(Perry Pit) PLANNER: Robert Anderson REQUEST: A Site Specific Development Plan and a Special Review Permit for an Open Pit Gravel Mining Operation and Asphalt Batch Plant, in the A(Agricultural)Zone District. LEGAL DESCRIPTION: Part of the NE4, Section 25, T1 N, R67W & Part of the NW4, Section 25, Ti N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of&adjacent to WCR 6, east of&adjacent to Wattenberg, 1/2 mile west of US 85. Robert Anderson, Department of Planning Services presented Case AmUSR-921, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Cathy Clamp asked for some clarification with regards to the original permit and the details of the amendment. Mr. Anderson showed (overhead transparencies)that the original permit was for two unlined ponds and the new area (additional ten (10) acres) is for a larger storage reservoir. John Folsom asked about the monitoring wells and if they would address quality and water table level. Mr. Anderson stated that they currently only address water quantity or levels and not quality. Alex Schatz, Banks&Gesso,gave a brief overview of the site. Mr. Schatz suggested that the reason for the Amendment was to mine the additional ten (10) acres, change the reclaimed use from two unlined ponds to a large water storage reservoir. Mr. Schatz stated that there are were no major changes in the site, and added that there would be no real change in number of employees or equipment.The proposed change from wet to dry mining is to facilitate the end use of water storage. Michael Miller asked for clarification on the location of the Lupton Bottom Ditch. Mr. Schatz stated that the ditch will run through the property and have a meter on the inlet and on the outlet there would be a pump to regulated at the same intake rate. John Folsom asked about the wet process of the mining and the potential problems of changing it to a dry mine and its effect on the water table and surrounding property owners. Mr. Schatz stated that the DMG permit addresses all of these issues and mandates mitigation. The installation of a slurry wall should preclude any groundwater issues. Jeff Keller,provided some clarification as to what was going to be provided with regards to the Lupton Bottom Ditch Company. Mr. Kellar provided the information for the slurry wall and how the monitoring wells were going to work. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Gwenn Stever, has concerns about the traffic and the speed of the trucks through Wattenburg. Pete Sandoval, has concerns about the noise levels and hours of operation. Mr. Miller stated that in Weld County the standard hours of operation for production were from daylight to dark with only maintenance and office work allowed after dark. Michael Miller closed the public portion of the hearing. Lee Morrison asked for clarification in regards to the change. Mr Anderson provided that the proposal consisted of three main areas of change: 1. Type of mining - from dry to wet to facilitate reservoir construction; 2. The mining of an additional 10 acres between the two ponds; 3. Reclamation plan-which shifts from two ponds to a single larger storage reservoir. Some of the incorporated language needs to be clarified. John Folsom moved to make language changes in 3a and 3b and to eliminate the word proposed in 2a and change the name of the Fire Protection District in 3o. Bryant Gimlin seconded the motion. The motion carried unanimously. Alex Schatz,stated his concerns regarding several of the Development Standards and Conditions of Approval, specifically 2a, 3c and 4a being unnecessary because they are not increasing traffic or the number of trucks. Don Carroll stated that some changes that were required have been made at the intersection of WCR 6 and Hwy 85 consisting of a right turn lane. Mr. Carroll stated he is in agreement with the existing Improvements Agreement since the improvements have been made at the intersection. Diane Houghtaling stated that she would accept trip tickets to provide the additional information in order that the applicant not modify the previously submitted Traffic Study. Mr. Keller provided further information with regards to the traffic study and the fact it was a combination of companies that estimated the number of truck trips on WCR 6. The information that was provided to the Planning Commission was a projection of the total trips per day that this specific development will incur and may have been inflated. Mr. Kellar further addressed some of the issues (Hours of Operations, Speeding Truck, Haul Route) brought up by the public. Mr. Miller reiterated that the operations are limited to maintenance and administrative after dark. Alex Schatz had further concerns with Conditions of Approval 3J consisting of the water supply. Mr. Schatz stated that this operation is already in existence and it seems to work well at this point. The life of the mine is expected to be less than 10 yrs. The site has been using bottled water. Char Davis commented that when people are working there should be an adequate source of water. Mr. Schatz had issues with the monitoring wells and there is an existing program in place. Mr. Miller stated that in issues like this it will change the ground water and all that is being asked is to further submit the existing information. Mr.Anderson stated that this condition was in place to reaffirm what is already in place and to maintain the information. Mr.Schatz had further issues with Condition of Approval 3L stating that Department of the Interior had to Review their DMG/State permit and the County's request was redundant. Rather than a specific letter from the Department of the Interior to the County, Mr Schatz inquired as to the suitability of a some type of affirmation from the Federal Government as to endangered species. Mr. Anderson advised that this is a standard condition of approval that is typically included at the request of the Colorado Division of Wildlife but would consider a suitable substitution indicating compliance with Federal guidelines . Michael Miller asked Lee Morrison if this condition was something that was and is required of all applicants and how the County deals with the possible elimination of it. Mr. Morrison stated that because the location of the gravel pits is next to the river and waters of the United States this was the basis for this request . Mr. Morrison that the Planning Commission is not precluded from modifying the condition to rely on a consultant letter. Mr. Miller asked Mr. Schatz if he was proposing submitting a letter from a consultant stating whether it was a habitat or not. Mr.Schatz responded that some documentation would be submitted stating there was no habitat. Robert Anderson suggested the following changes in language to address the changes in 3L to read that the applicant shall submit"documentation" and "delete letter from Dept of Fish and Wildlife". Alex Schatz final issue is with 4B consisting of parking lot paving. Mr.Carroll stated that they realize that this is an existing situation but Public Works would like to see a paved area from the office to the County Road so that the truck coming from the site will not carry dust onto the Public Right-of-Way. Mr. Kellar stated that they would accommodate the request to pave the area for parking and onto the County road. Mr.Anderson suggested the removal of the last portion of the second sentence on 2A and the deletion of 3C is satisfactory. Mr.Anderson further suggested changing the wording in 4A to reflect additional information along with the addition of Bottled Water in 3J. Cathy Clamp moved to approve the above mentioned changes, (2A, 3C, 3J, 3L, 4A) in the Conditions of Approval. Bryant Gimlin seconded the motion. The motion carried unanimously. Bryant Gimlin moved that Case AmUSR 921,along with the corrections to Conditions of Approval 2A, 3C,3J, 3L, and 4A, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; Cathy Clamp, yes; . Motion carried unanimously CASE NUMBER: USR-1353 APPLICANT: HS Gathering, LLC PLANNER: Chris Gathman REQUEST: A Site Specific Development Plan and a Special Review Permit for an Oil and Gas Support and Service Facility. (Natural Gas Compressor Station with Associated Inlet and Outlet Pipelines)in the A(Agricultural)Zone District LEGAL DESCRIPTION: NE NW NW and part SE NW NW of Section 14, T2, R66W of the 6th P.M., Weld County, Colorado LOCATION: South of & adjacent to WCR 22; approximately 700 feet east of WCR 31 Chris Gatham, Department of Planning Services presented Case USR- 1353, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Cathy Clamp asked about USR 1291 and what the scope of the two will be. Mr. Gatham stated that USR- 1291 under construction and they have issued early release of building permits but not sure if they are in full operation yet. Joe Ventola, gave a brief overview of the project and some clarification to the full USR details. Michael Miller asked for clarification of the Development Standards seeing as this will be an un manned site with the existing facility accommodating the conditions. Paul Moorhead, Kerr McGee, gave some clarification for the project and the existing flare. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Bryant Gimlin moved that Case USR-1353, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. Stephan Mokray seconded the motion The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom,yes; Stephan Mokray,yes; Michael Miller,yes;Bryant Gimlin,yes;Cathy Clamp,yes. Motion carried unanimously Meeting adjourned at 4:00p.m. Respectfully ectfully submitted - •\ ,1 i, �i _ t_ Voneen Macklin Secretary Hello